Page 3 - Workplace Relations Guide to Employment Law

Updates to Guide to Employment, Labour and Equality Law
Since we published our Guide to Employment, Labour and Equality Law in September 2018
there have been changes under employment law. Below your will find the latest changes.

Starting Employment Working Hours
Day five statement Zero Hours
Within five days of starting work, all The Organisation of Working Time Act
employees must get a written statement of 1997 (OWTA) is amended to prohibit zero
the following core terms of employment: hour contracts except in the following
circumstances:
1. the full names of the employer and • where the work is of a casual nature
the employee • where the work is done in emergency
2. the address of the employer circumstances
3. the expected duration of the contract, • where short-term relief work is used
in the case of a temporary contract, or to cover routine absences for the
the end date if the contract is a fixed- employer
term contract
4. the rate or method of calculation of Minimum payment in certain
the employee’s pay circumstances
5. the number of hours the employer
reasonably expects the employee to A new minimum payment will apply when
work per normal working day and per an employee on a zero hours contract, is
normal working week called in to work and does not receive the
expected hours of work.
This is as well as the full written statement The minimum payment is calculated as
of terms of employment which must be three times the national minimum hourly
given within two months of starting the rate of pay or three times the minimum
job. hourly rate of pay set out in an Employment
Regulation Order (if one exists for that
National Minimum Wages sector and for as long as it remains in
Pay/Wages force).
Under the new Employment Miscellaneous
Provisions Act 2019 wage rates for The already existing method of payment
employees under 18 and those over 18 (at least 25% of the contract hours or 15
have been simplified and will be solely hours) continues to apply overall.
based on age. Trainee rates of pay have
been abolished. Banded Hours provisions

Sectoral Employment Order • Employees whose contract of
employment or statement of terms
of employment does not reflect the
A Sectoral Employment Order (SEO) setting reality of the hours they habitually
legally binding rates of pay and terms and work are entitled to request to be
conditions for the Electrical Contracting placed in a band of hours that better
sector came into effect on the 1 September reflects the hours they have worked
2019. over a 12-month reference period.